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Madras High Court

A.Mohammed Ilyaas ... Petitioner vs The Government Of Tamil Nadu on 9 January, 2026

Author: M.Dhandapani

Bench: M.Dhandapani

                                                                                             W.P.No.175 of 2026
                                                         W.P.No.175 of 2016

                     M.DHANDAPANI, J.

                                  This matter is listed under the caption ‘For Being Mentioned’ at the

                     instance of the learned counsel for the petitioner.

                                  2. For better appreciation, the order dated 09.01.2026 is re-produced

                     as under:

                                        “This Writ Petition has been filed seeking for a
                                  mandamus, directing directing the Respondents herein to pay
                                  interest at the rate of 12% per annum on disbursement of
                                  pension and pensionary benefits including Gratuity for a period
                                  from 20.04.2016 to 08.02.2024 and to revise the Petitioner's
                                  pension and retirement benefits and pay 2/3rd of total
                                  retirement benefits to the Petitioner by including the period
                                  from 21.01.2006 to 19.01.2009 spent on foreign employment
                                  with the permission from the Government and for which
                                  contribution is paid, with penal interest, for the purpose of
                                  calculating qualifying service, as per Rule 60 of Tamil Nadu
                                  Leave Rules and to take pay matrix as on 01.01.2016 as
                                  admissible to the post of Assistant Executive Engineer to arrive
                                  at last pay drawn and emoluments for calculation of original
                                  pension and retirement benefits or in an alternative, to issue a
                                  direction to the Respondents to arrive at a emoluments by

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                                                                                               W.P.No.175 of 2026
                                  taking pay admissible as on 19.01.2009 as per the Revised Pay
                                  Scale 2009 and thereafter a grant 2/3rd of retirement benefits
                                  out of total benefits and then revise my pension as per the pay
                                  matrix as on 01.01.2016 as admissible for the post of Assistant
                                  Executive Engineer held by the Petitioner at the time of
                                  retirement and grant arrears of pension with interest at 18%
                                  per annum.
                                        2. With the consent of the learned counsel appearing on
                                  either side, this writ petition is taken up for disposal at the
                                  admission stage.
                                        3. Though a larger prayer is sought for in this writ
                                  petition, the learned counsel appearing for the petitioner would
                                  submit that this Court may issue a direction to the 2 nd
                                  respondent to consider the petitioner’s representation dated
                                  25.10.2025 and pass appropriate orders within a specified time.
                                        4. The learned Government Advocate appearing for the
                                  respondents would submit that the 2nd respondent will consider
                                  the petitioner’s representation dated 25.10.2025 and pass
                                  appropriate order on the same within a period of twelve weeks.
                                        5. In view of the same, the 2nd respondent is directed to
                                  consider the representation of the petitioner dated 25.10.2025
                                  and pass appropriate orders on the same, in accordance with
                                  law, within a period of twelve weeks from the date of receipt of
                                  a copy of this order.

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                                                                                              W.P.No.175 of 2026



                                        6. This Writ Petition is disposed of with the above terms.
                                  No costs.”




                                  3. It is pointed out by the learned counsel for the petitioner that the

                     competent authority to consider the representation is the 1 st respondent and

                     not the 2nd respondent and, including the representation dated 25.10.2025,

                     another representation dated 29.05.2025 has also to be considered by the

                     respondents.           Hence, he would request to make the said correction,

                     particularly, in paragraph 5 of the order dated 09.01.2026.



                                  4. Acceding to the submission made by the learned counsel for the

                     petitioner, paragraph 5 of the order dated 09.01.2026 stands modified as

                     follows:-.

                                        5. In view of the same, the 1st respondent is directed to
                                  consider the representations of the petitioner dated 25.10.2025
                                  & 29.05.2025 and pass appropriate orders on the same, in
                                  accordance with law, within a period of twelve weeks from the
                                  date of receipt of a copy of this order.


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                                                                                                    W.P.No.175 of 2026



                                                                                              M.DHANDAPANI, J.

                                                                                                               KKN

                                  5. Registry is directed to carryout the aforesaid correction in the order

                     dated 09.01.2026 and issue fresh order copy to the parties.




                                                                                                        30.01.2026
                     kkn




                                                                                               W.P.No.175 of 2026




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                                                                                      W.P.No.175 of 2026
                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                 DATED : 09.01.2026

                                                          CORAM

                                  THE HONOURABLE MR.JUSTICE M.DHANDAPANI

                                                  W.P.No. 175 of 2026

                     A.Mohammed Ilyaas                                                ... Petitioner


                                                              Vs.


                     1.The Government of Tamil Nadu,
                       Secretary to the Government,
                       Public Works Department,
                       Secretariat, Chennai – 9.

                     2.The Engineer-in-Chief WRD
                           and Chief Engineer General,
                       Public Works Department,
                       Chepauk, Chennai – 600 005.

                     3.The Engineer in Chief Building
                        (and Chief Engineer Building)
                       Public Works Department,
                       Chepauk, Chennai – 5.

                     4.The Executive Engineer,
                       Public Works Department,
                       Building Construction and Maintenance,
                       Udagamandalam, The Nilgiris District.

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                                                                                        W.P.No.175 of 2026
                     5.The Superintending Engineer,
                       Public Works Department,
                       Building and Maintenance,
                       Coimbatore – 1.

                     6.The Chief Engineer (Building),
                       Public Works Department,
                       Coimbatore Region,
                       Coimbatore – 641 001.                                           ...Respondents


                     PRAYER : Writ Petition filed under Article 226 of the Constitution of India
                     praying for issuance of a Writ of Mandamus, directing the Respondents
                     herein to pay interest at the rate of 12% per annum on disbursement of
                     pension and pensionary benefits including Gratuity for a period from
                     20.04.2016 to 08.02.2024 and to revise the Petitioner's pension and
                     retirement benefits and pay 2/3rd of total retirement benefits to the Petitioner
                     by including the period from 21.01.2006 to 19.01.2009 spent on foreign
                     employment with the permission from the Government and for which
                     contribution is paid, with penal interest, for the purpose of calculating
                     qualifying service, as per Rule 60 of Tamil Nadu Leave Rules and to take
                     pay matrix as on 01.01.2016 as admissible to the post of Assistant Executive
                     Engineer to arrive at last pay drawn and emoluments for calculation of
                     original pension and retirement benefits or in an alternative, to issue a
                     direction to the Respondents to arrive at a emoluments by taking pay
                     admissible as on 19.01.2009 as per the Revised Pay Scale 2009 and
                     thereafter a grant 2/3rd of retirement benefits out of total benefits and then
                     revise my pension as per the pay matrix as on 01.01.2016 as admissible for
                     _________
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                                                                                              W.P.No.175 of 2026
                     the post of Assistant Executive Engineer held by the Petitioner at the time of
                     retirement and grant arrears of pension with interest at 18% per annum.
                                        For Petitioner           :      Mr.R.Saseetharan

                                        For Respondents          :      Mr.T.M.Rajangam
                                                                        Government Advocate




                                                                ORDER

This Writ Petition has been filed seeking for a mandamus, directing directing the Respondents herein to pay interest at the rate of 12% per annum on disbursement of pension and pensionary benefits including Gratuity for a period from 20.04.2016 to 08.02.2024 and to revise the Petitioner's pension and retirement benefits and pay 2/3rd of total retirement benefits to the Petitioner by including the period from 21.01.2006 to 19.01.2009 spent on foreign employment with the permission from the Government and for which contribution is paid, with penal interest, for the purpose of calculating qualifying service, as per Rule 60 of Tamil Nadu Leave Rules and to take pay matrix as on 01.01.2016 as admissible to the post of Assistant Executive Engineer to arrive at last pay drawn and emoluments for calculation of original pension and retirement benefits or in _________ Page 7 of 11 https://www.mhc.tn.gov.in/judis ( Uploaded on: 11/02/2026 07:09:29 pm ) W.P.No.175 of 2026 an alternative, to issue a direction to the Respondents to arrive at a emoluments by taking pay admissible as on 19.01.2009 as per the Revised Pay Scale 2009 and thereafter a grant 2/3rd of retirement benefits out of total benefits and then revise my pension as per the pay matrix as on 01.01.2016 as admissible for the post of Assistant Executive Engineer held by the Petitioner at the time of retirement and grant arrears of pension with interest at 18% per annum.

2. With the consent of the learned counsel appearing on either side, this writ petition is taken up for disposal at the admission stage.

3. Though a larger prayer is sought for in this writ petition, the learned counsel appearing for the petitioner would submit that this Court may issue a direction to the 2nd respondent to consider the petitioner’s representation dated 25.10.2025 and pass appropriate orders within a specified time.

4. The learned Government Advocate appearing for the respondents would submit that the 2nd respondent will consider the petitioner’s _________ Page 8 of 11 https://www.mhc.tn.gov.in/judis ( Uploaded on: 11/02/2026 07:09:29 pm ) W.P.No.175 of 2026 representation dated 25.10.2025 and pass appropriate order on the same within a period of twelve weeks.

5. In view of the same, the 2 nd respondent is directed to consider the representation of the petitioner dated 25.10.2025 and pass appropriate orders on the same, in accordance with law, within a period of twelve weeks from the date of receipt of a copy of this order.

6. This Writ Petition is disposed of with the above terms. No costs.

09.01.2026 NCC: Yes / No Index : Yes / No Speaking Order : Yes / No kkn _________ Page 9 of 11 https://www.mhc.tn.gov.in/judis ( Uploaded on: 11/02/2026 07:09:29 pm ) W.P.No.175 of 2026 To

1.The Secretary to Government, Government of Tamil Nadu, Public Works Department, Secretariat, Chennai – 9.

2.The Engineer-in-Chief WRD and Chief Engineer General, Public Works Department, Chepauk, Chennai – 600 005.

3.The Engineer in Chief Building (and Chief Engineer Building) Public Works Department, Chepauk, Chennai – 5.

4.The Executive Engineer, Public Works Department, Building Construction and Maintenance, Udagamandalam, The Nilgiris District.

5.The Superintending Engineer, Public Works Department, Building and Maintenance, Coimbatore – 1.

6.The Chief Engineer (Building), Public Works Department, Coimbatore Region, Coimbatore – 641 001.

_________ Page 10 of 11 https://www.mhc.tn.gov.in/judis ( Uploaded on: 11/02/2026 07:09:29 pm ) W.P.No.175 of 2026 M.DHANDAPANI, J.

KKN W.P.No. 175 of 2026 09.01.2026 _________ Page 11 of 11 https://www.mhc.tn.gov.in/judis ( Uploaded on: 11/02/2026 07:09:29 pm )